W. Richard

The applicant sought certiorari to quash a committal order made by a preliminary inquiry judge.

The preliminary inquiry judge had admitted the complainant's written statement under s. 540(7) of the Criminal Code and denied the applicant's request to cross-examine the complainant under s. 540(9).

The Superior Court found that while the admission of the statement was an evidentiary error, it was not jurisdictional.

However, the blanket denial of cross-examination on the sole piece of evidence forming the Crown's case amounted to a breach of natural justice and a jurisdictional error.

The certiorari application was granted, and the matter was remitted for a new preliminary inquiry.

The Crown brought a s. 521 bail review application to vacate a release order made by a Justice of the Peace.

The Justice of the Peace had released the accused without a bail hearing because the original signed information was not physically present in court, despite a signed warrant being before the court.

The Superior Court held that the Justice of the Peace erred in principle and acted in excess of jurisdiction, as the existence of a signed warrant compels the conclusion that a signed information exists.

The release order was vacated.

Conducting a new bail hearing, the court released the accused on a $5,000 recognizance with a surety and conditions, noting the complainant had recanted.